SHC Directs Against Occupation In Creek View, Creek Towers On DHA Disputed Land

Petitioner filed appeal against court’s decision to allow construction on land reserved for amenities
Karachi: The Sindh High Court (SHC) reinforced a previous order against the conversion of 43 acres of land initially reserved by the Defense Housing Authority (DHA) in

Karachi for public amenities—such as a park, school, sewage treatment plant, and graveyard—into a site for high-rise residential towers in DHA Phase VIII, Karachi.
Earlier, SHC dismissed an injunction application where a DHA resident, petitioner Zahidullah Khan, had taken the DHA, Creek Developers, BF Property and Construction, and AKD Hospitality to court in 2013.

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Khan filed an appeal against the verdict and called out DHA for allocating reserved land for a residential project. He further prayed the court to restrain any construction, sale, or advertising related to the Creek Terraces and Creek View development.

After hearing both sides, the division bench reinforced a previous order, which continued to restrict the respondents from creating any third-party interests and prevent any occupation of the property until the next hearing.

The court also cautioned the public against engaging in any sale, lease, or transaction related to Creek Terraces and Creek View (Arkadians).

In October 2013, SHC reserved its final decision on whether the 43-acre contested land is exclusively for amenity purposes or not, and allowed the private builders to continue with the construction of the two residential and commercial projects at their “own risk and cost.”

A single bench, headed by Justice Syed Hasan Azhar Rizvi, had granted temporary permission till November 12 by modifying its previous order through which the builder was specifically asked to stop construction.

“The original master plan, issued by DHA, shows amenity plots allocated for a park, schools, sewerage treatment plant and a graveyard,” the petitioner argued. The plaintiff’s lawyer, Barrister Salahuddin Ahmed, argued that the amenity plot cannot be converted into residential or commercial property.

DHA lawyer Abid S. Zuberi informed the court that the area was not meant for amenity purposes. The authority reiterated that the projects were part of the Creek City project, which spreads over 90 acres.

While Creek Developers said that it had launched the project on July 12, 2003, while the construction work was initiated in 2009. It requested the court modify its previous restraining order and allow it to raise constructions at its own risk and cost, assuring that no third-party interest would be created till the disposal of the case.

43 acres of land reserved by for park, school, sewage and graveyard used by Creek Developers for the construction of Creek Terraces and Creek View (Arkadians)

Injunction applications is filed against DHA and Creek Developers Pvt Ltd, BF property and Construction and AKD Capital (AKD hospitality). Now they are barred from launching, investing, advertising or commencing construction and hence cannot enter in a sale-purchase agreement of the said project.

No commercial activity can be conducted of the said property till the date of next hearing and no portion of the property can be made available for occupation. Any such action will be considered contempt of court.

Public is also advised to refrain from dealing with the involved party.